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Daily Dicta: The FTC Should Be Suing Itself for How It Handled This Case

Posted on October 3, 2019 by Dissent

Jenna Greene has a column today on the LabMD case. Sadly, it is behind a paywall, but it begins:

Government consumer protection lawyers are supposed to be the good guys, the ones in white hats sticking up for the citizenry.

Which is why it’s particularly upsetting when it turns out they’re in the wrong—as was the case with the Federal Trade Commission’s misguided (and by misguided, I mean demented) pursuit of LabMD.

Now, it’s likely to cost taxpayers $843,000 after a special master on Tuesday recommended that the government pay LabMD’s legal fees.

Source: Daily Dicta.

I agree that the government should pay LabMD’s legal fees. And if they could be held liable for the closure of the business, then they should pay for that too.

And has the FTC gone after Tiversa for its deceptive claims and practices?  No? Why not? If the FTC itself was misled by Tiversa’s claims and spent countless dollars and time pursuing the wrong companies, isn’t that harm to the public? Why not go after Tiversa?

Related posts:

  • House Committee on Oversight & Government Reform staff report slams Tiversa, cautions federal agencies about using them (updated with Tiversa’s response)
  • Digging in their heels: Wyndham and LabMD challenge FTC’s authority in data security cases
  • LabMD files for stay of FTC order
  • The FTC’s Data Security Error: Treating Small Businesses Like The Fortune 1000
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